by Keith Richmond
UNITE is celebrating a landmark victory in a test case in which the High Court threw out an attempt by the insurance industry to deny compensation to asbestos victims.
The union successfully resisted a legal challenge by insurance companies which would have deprived thousands of sufferers and their families of compensation.
After a nine week hearing the court ruled that insurers remain liable to pay compensation for mesothelioma, an incurable cancer of the lining of the lung caused by exposure to asbestos at work, if they insured the employer at the time the exposure occurred.
Derek Simpson, joint general secretary of Unite, said: “This is a hugely important victory for the victims of the deadly dust and their families. Having to suffer or watch your relatives suffer from a slow and painful death is horrific.
“Thousands of men and women across the UK have been negligently exposed to asbestos by their employers but insurers have tried – and failed – to use legal technicalities to escape their responsibility to pay compensation under the policies they sold to employers. They sought to avoid their liabilities while pocketing the money. We are prepared to take on the big cases and fight for our members’ rights to justice.”
The successful conclusion means the family of mesothelioma victim and Unite member Charles O’Farrell are a step closer to receiving £152,000
from his former employer, Humphreys & Glasgow’s insurers Excess.
Construction union UCATT, which also campaigns for asbestos victims, welcomed the verdict. General secretary Alan Ritchie said: “I am delighted with the judgement. It is a victory for common sense. I hope the insurance industry will now withdraw gracefully and not pursue this case any further.”
About The Author
